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"We disagree with the judge. We feel police officers should be held to a higher standard," Deputy District Attorney Steve Somers said.

Carrillo had been behind bars since April 29, and he served fewer than three months in the Monterey County Jail.

Defense attorney Susan Chapman said Carrillo had lost 30 pounds, his mental and physical health was suffering, and he received death threats.

Being an inmate was especially hard on Carrillo because he was held in a small, isolated cell, where he had very limited contact with other people, Chapman said. Carrillo was held in isolation to protect him from other inmates.

"Mr. Carrillo had been treated harsher than other individuals convicted of the same type of (charges)," Chapman said.

District Attorney Dean Flippo said he had no doubts that Carrillo felt uncomfortable as an inmate because he was a former police officer.

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However, "(Carrillo's) status as a former peace officer cannot be adequate to eliminate jail as an appropriate punishment. Although jail is a difficult place for former police officers, that should exist as an extra deterrent to violating the law," Flippo argued in a letter to the judge.

"The defendant has provided no evidence of medical necessity to change his jail sentence. Every inmate can obviously state that he is uncomfortable in jail. Surely this should not be the standard to have a jail sentence changed," Flippo said.

But Culver sided with Carrillo's defense attorney.

Prosecutors said Carrillo was the mastermind behind a car-towing scheme that rocked the King City Police Department. Six police officers, including two chiefs, were arrested in the corruption scandal.

In April, Carrillo pleaded no contest to receiving a bribe, conspiracy to commit a crime, and perjury. Somers strongly urged the judge to hand down a 2-year prison sentence.

Carrillo will now spend the next eight months at home and will be monitored by probation officers.